California Pension Reform Raises Safety Officer Disability Benefit:

Pension reform legislation was passed in 2012 and became effective as of January 1, 2013 – and these changes bring good news for many disabled police officers and firefighters.

The new California Public Employees’ Pension Reform Act of 2013 (PEPRA) – and related Public Employees’ Retirement Law (PERL) changes – have impacted the way disability retirement benefits are handled for public employees in California across many employment sectors, including, public safety officers such as police officers, firefighters.

One area of benefit law greatly impacted by the new Pension Reform legislation is the Industrial Disability Retirement (IDR) benefits for safety employees.

The basic calculation options previously offered as an Industrial Disability Retirement (IDR) benefit for a safety worker were 50% of final compensation, plus an annuity purchased pursuant to the terms of the statute (if any), or a service retirement if he/she is qualified for service retirement.

However, California pension reform changes added a provision that provides a calculation for safety members who qualify for an Industrial Disability Retirement and are under age 50. This is excellent news for safety workers in Los Angeles, Orange County and across Southern California, because the new disability benefit may result in a disability retirement benefit that is higher than 50% of final compensation.

Keep in mind that this new benefit does not replace the old benefit, but is offered in addition to the existing benefit options established in IDR provisions of California’s PERL. For each safety industrial disability retirement, all of the safety employee’s benefit options will be compared and the one that gives the highest benefit to the safety employee will be provided to the retiree.

(Also note: this new provision does not apply to “miscellaneous employees” in California whose employer contracts for IDR benefits, and the law specifically states that this benefit only applies to California safety employees.)

The California Public Employees’ Pension Reform Act is a complex piece of legislation that impacts not only the disability application and appeal process, but also the actual dollar amount of the safety employee’s disability compensation eligibility.

The changes to safety employees’ disability rights are numerous and complex. Our disability lawyers are continually studying California disability laws and the many recent changes in order to ensure that our hardworking Los Angeles, Orange County and Southern California police officers and firefighters get the maximum disability benefits that they deserve.

Our Long Beach disability attorneys have successfully handled hundreds of disability benefit claims for police officers and fire fighters across Los Angeles, Orange County and Southern California. If you are an injured or disabled safety officer, police officer or firefighter our experienced lawyers can help you obtain the disability retirement you deserve.